Provisions on the Liability for the Repair, Replacement and Return of Automobile Products for Household Use
Provisions on the Liability for the Repair, Replacement and Return of Automobile Products for Household Use
Provisions on the Liability for the Repair, Replacement and Return of Automobile Products for Household Use
Order of the State Administration for Market Regulation No. 43
July 22, 2021
The Provisions on the Liability for the Repair, Replacement and Return of Automobile Products for Household Use, which were adopted at the fourth executive meeting of the State Administration for Market Regulation on March 18, 2021, are hereby promulgated for implementation as of January 1, 2022.
Zhang Gong, Director-General
Provisions on the Liability for the Repair, Replacement and Return of Automobile Products for Household Use
(Promulgated by Order of the State Administration for Market Regulation No. 43 on July 22, 2021)
Chapter I General Provisions
Article 1 The Provisions on the Liability for the Repair, Replacement and Return of Automobile Products for Household Use (hereinafter referred to as the "Provisions") are formulated pursuant to the Product Quality Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, and other laws in order to define the liability for repair, replacement and return (hereinafter referred to as "three guarantees") of automobile products for household use and protect the legitimate rights and interests of consumers.
Article 2 The Provisions shall apply to the three guarantees of automobile products for household use sold within the territory of the People's Republic of China.
Article 3 The three-guarantee liability shall be assumed by sellers in accordance with the law. Subsequent to assuming the three-guarantee liability in accordance with the Provisions, sellers shall be entitled to recover compensation from manufacturers or other dealers where liability can be attributed to such manufacturers or dealers.
Enterprises that import automobile products for household use from abroad for sale within the territory of the People's Republic of China shall be deemed as manufacturers.
Article 4 Without prejudice to the legitimate rights and interests of consumers, dealers of automobile products for household use may enter into contracts stipulating the assumption of the three-guarantee liability, provided that the quality obligation and three-guarantee liability stipulated herein shall not be exempted or reduced.
Dealers are encouraged to make commitments on three guarantees that are stricter than those prescribed in the Provisions and more conducive to protecting the legitimate rights and interests of consumers. Such commitments shall, once made, be performed in accordance with the law.
Article 5 Consumers and dealers of automobile products for household use shall abide by the principle of good faith when exercising their rights, performing their obligations, or assuming their liability.
Dealers of automobile products for household use shall not deliberately delay in addressing, or refuse without justifying the grounds for, consumers' claims for the three guarantees in line with the Provisions.
Article 6 The State Administration for Market Regulation (hereinafter referred to as the "SAMR") shall be responsible for guiding, coordinating, supervising, and regulating the work related to the three guarantees for automobile products for household use nationwide, establishing a three-guarantee information disclosure system for automobile products for household use, and entrusting relevant technical institutions to undertake specific technical work.
Local market regulatory authorities at or above the county level shall be responsible for guiding, coordinating, supervising, and regulating the work related to the three guarantees for automobile products for household use within their respective administrative regions.
Chapter II Obligations of Dealers
Article 7 The automobile products for household use manufactured by manufacturers shall comply with the provisions of laws and regulations and the quality requirements agreed upon by the parties. Those failing to pass the inspection shall not leave the factory for sale.
Article 8 Manufacturers shall provide automobile products for household use with such accompanying documents in Chinese as a product qualification certificate or relevant certificate, a product consistency certificate, a product manual, a three-guarantee voucher, and a repair and maintenance manual. Where there are accompanying articles such as tools and attachments, a list thereof shall be provided.
Article 9 The three-guarantee voucher shall involve the following:
(1) product brand, model, vehicle type, vehicle identification number (VIN), and date of manufacture;
(2) name, address, postal code, and customer service telephone number of manufacturers;
(3) name, address, postal code, and customer service telephone number of sellers, date of issue of the purchase invoice, and date of delivery of the vehicle;
(4) ways to inquire about information on the repairer (as agreed upon by the manufacturer or the seller) outlets;
(5) three-guarantee terms, warranty period, validity period of the three guarantees, and coefficient of compensation for the use of automobile products for household use;
(6) category scope of main parts and special parts, as well as category scope and the quality warranty period for parts that are prone to wear and tear;
(7) capacity attenuation limits of the power battery of household pure electric and plug-in hybrid electric vehicle products in the warranty period and the validity period of the three guarantees; and
(8) any other content that shall be expressly indicated as required by the Provisions.
Article 10 Manufacturers shall file with the SAMR the basic information on manufacturers, information on automobile models, materials of stipulated sales or repair outlets, product manuals, three-guarantee vouchers, repair and maintenance manuals, and information on the return and replacement of vehicles for the record, except for the information that manufacturers have filed in the information management system for the recall of defective automobile products.
In the case of any change in the record-filing information, manufacturers shall update the same within 20 working days of the date of change.
Article 11 Manufacturers shall actively cooperate with sellers and repairers in the performance of their obligations, and shall not deliberately delay in addressing, or refuse without justifying the grounds for, consumers' and repairers' claims for assistance, recovery, and other matters lodged in accordance with the Provisions.
Article 12 Sellers shall establish an acceptance inspection system when replenishing their stock, and verify the accompanying documents of automobile products for household use.
Article 13 Sellers shall deliver automobile products that are up to standard for household use to consumers and perform the following provisions:
(1) together with consumers, verify the quality conditions verifiable at the site such as the exterior and interior of automobile products for household use;
(2) deliver accompanying documents and purchase invoices of vehicles to consumers;
(3) deliver accompanying articles including tools and attachments to consumers as per a list of accompanying articles;
(4) inform consumers of the three-guarantee terms, validity period of the three guarantees, coefficient of compensation for use, and ways to inquire about repairers’ outlet information of automobile products for household use; and
(5) remind consumers to read the safety precautions and to use, maintain, and repair automobile products for household use in accordance with the requirements in each product manual.
Article 14 Where a consumer loses the three-guarantee voucher, he or she may apply to the seller for reissuance.
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Order of the State Administration for Market Regulation No. 43
July 22, 2021
The Provisions on the Liability for the Repair, Replacement and Return of Automobile Products for Household Use, which were adopted at the fourth executive meeting of the State Administration for Market Regulation on March 18, 2021, are hereby promulgated for implementation as of January 1, 2022.
Zhang Gong, Director-General
Provisions on the Liability for the Repair, Replacement and Return of Automobile Products for Household Use
(Promulgated by Order of the State Administration for Market Regulation No. 43 on July 22, 2021)
Chapter I General Provisions
Article 1 The Provisions on the Liability for the Repair, Replacement and Return of Automobile Products for Household Use (hereinafter referred to as the "Provisions") are formulated pursuant to the Product Quality Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, and other laws in order to define the liability for repair, replacement and return (hereinafter referred to as "three guarantees") of automobile products for household use and protect the legitimate rights and interests of consumers.
Article 2 The Provisions shall apply to the three guarantees of automobile products for household use sold within the territory of the People's Republic of China.
Article 3 The three-guarantee liability shall be assumed by sellers in accordance with the law. Subsequent to assuming the three-guarantee liability in accordance with the Provisions, sellers shall be entitled to recover compensation from manufacturers or other dealers where liability can be attributed to such manufacturers or dealers.
Enterprises that import automobile products for household use from abroad for sale within the territory of the People's Republic of China shall be deemed as manufacturers.
Article 4 Without prejudice to the legitimate rights and interests of consumers, dealers of automobile products for household use may enter into contracts stipulating the assumption of the three-guarantee liability, provided that the quality obligation and three-guarantee liability stipulated herein shall not be exempted or reduced.
Dealers are encouraged to make commitments on three guarantees that are stricter than those prescribed in the Provisions and more conducive to protecting the legitimate rights and interests of consumers. Such commitments shall, once made, be performed in accordance with the law.
Article 5 Consumers and dealers of automobile products for household use shall abide by the principle of good faith when exercising their rights, performing their obligations, or assuming their liability.
Dealers of automobile products for household use shall not deliberately delay in addressing, or refuse without justifying the grounds for, consumers' claims for the three guarantees in line with the Provisions.
Article 6 The State Administration for Market Regulation (hereinafter referred to as the "SAMR") shall be responsible for guiding, coordinating, supervising, and regulating the work related to the three guarantees for automobile products for household use nationwide, establishing a three-guarantee information disclosure system for automobile products for household use, and entrusting relevant technical institutions to undertake specific technical work.
Local market regulatory authorities at or above the county level shall be responsible for guiding, coordinating, supervising, and regulating the work related to the three guarantees for automobile products for household use within their respective administrative regions.
Chapter II Obligations of Dealers
Article 7 The automobile products for household use manufactured by manufacturers shall comply with the provisions of laws and regulations and the quality requirements agreed upon by the parties. Those failing to pass the inspection shall not leave the factory for sale.
Article 8 Manufacturers shall provide automobile products for household use with such accompanying documents in Chinese as a product qualification certificate or relevant certificate, a product consistency certificate, a product manual, a three-guarantee voucher, and a repair and maintenance manual. Where there are accompanying articles such as tools and attachments, a list thereof shall be provided.
Article 9 The three-guarantee voucher shall involve the following:
(1) product brand, model, vehicle type, vehicle identification number (VIN), and date of manufacture;
(2) name, address, postal code, and customer service telephone number of manufacturers;
(3) name, address, postal code, and customer service telephone number of sellers, date of issue of the purchase invoice, and date of delivery of the vehicle;
(4) ways to inquire about information on the repairer (as agreed upon by the manufacturer or the seller) outlets;
(5) three-guarantee terms, warranty period, validity period of the three guarantees, and coefficient of compensation for the use of automobile products for household use;
(6) category scope of main parts and special parts, as well as category scope and the quality warranty period for parts that are prone to wear and tear;
(7) capacity attenuation limits of the power battery of household pure electric and plug-in hybrid electric vehicle products in the warranty period and the validity period of the three guarantees; and
(8) any other content that shall be expressly indicated as required by the Provisions.
Article 10 Manufacturers shall file with the SAMR the basic information on manufacturers, information on automobile models, materials of stipulated sales or repair outlets, product manuals, three-guarantee vouchers, repair and maintenance manuals, and information on the return and replacement of vehicles for the record, except for the information that manufacturers have filed in the information management system for the recall of defective automobile products.
In the case of any change in the record-filing information, manufacturers shall update the same within 20 working days of the date of change.
Article 11 Manufacturers shall actively cooperate with sellers and repairers in the performance of their obligations, and shall not deliberately delay in addressing, or refuse without justifying the grounds for, consumers' and repairers' claims for assistance, recovery, and other matters lodged in accordance with the Provisions.
Article 12 Sellers shall establish an acceptance inspection system when replenishing their stock, and verify the accompanying documents of automobile products for household use.
Article 13 Sellers shall deliver automobile products that are up to standard for household use to consumers and perform the following provisions:
(1) together with consumers, verify the quality conditions verifiable at the site such as the exterior and interior of automobile products for household use;
(2) deliver accompanying documents and purchase invoices of vehicles to consumers;
(3) deliver accompanying articles including tools and attachments to consumers as per a list of accompanying articles;
(4) inform consumers of the three-guarantee terms, validity period of the three guarantees, coefficient of compensation for use, and ways to inquire about repairers’ outlet information of automobile products for household use; and
(5) remind consumers to read the safety precautions and to use, maintain, and repair automobile products for household use in accordance with the requirements in each product manual.
Article 14 Where a consumer loses the three-guarantee voucher, he or she may apply to the seller for reissuance.
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